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The [[Age of consent|ages of consent]] vary by jurisdiction across [[Europe]]. The ages of consent – hereby meaning the age from which one is deemed able to consent to having sex with anyone else of consenting age or above – are between 14 and 18. The vast majority of countries set their ages in the range of 14 to 16; only four countries, [[Cyprus]] (17), [[Republic of Ireland|Ireland]] (17), [[Turkey]] (18), and the [[Vatican City]] (18), set an age of consent higher than 16.

The [[Age of consent|ages of consent]] vary by jurisdiction across [[Europe]]. The ages of consent – hereby meaning the age from which one is deemed able to consent to having sex with anyone else of consenting age or above – are between 12 and 18. The vast majority of countries set their ages in the range of 14 to 16; only four countries, [[Cyprus]] (17), [[Republic of Ireland|Ireland]] (17), [[Turkey]] (18), and the [[Vatican City]] (18), set an age of consent higher than 16.



The highlighted age is that from which a young person can lawfully engage in a non-commercial sexual act with an older person, regardless of their age difference. If a participant in a sexual act is under 18 but above the age of consent then sexual acts with another person who is at or over the age of consent may still be illegal if the older participant is in a position of authority over the younger person. For example, a teacher and their student or someone in the police. Commercial sex/prostitution requires all those involved to be 18 or older. Sexual acts may not be legal if those engaging are blood relatives, regardless of age, though the [[legality of incest]] varies between European countries.

The highlighted age is that from which a young person can lawfully engage in a non-commercial sexual act with an older person, regardless of their age difference. If a participant in a sexual act is under 18 but above the age of consent then sexual acts with another person who is at or over the age of consent may still be illegal if the older participant is in a position of authority over the younger person. For example, a teacher and their student or someone in the police. Commercial sex/prostitution requires all those involved to be 18 or older. Sexual acts may not be legal if those engaging are blood relatives, regardless of age, though the [[legality of incest]] varies between European countries.



Some countries have close-in-age exceptions, allowing partners close in age of whom one or both may be below the standard unrestricted age of consent to be able to both legally consent to engage in sexual acts with each other. The lowest minimum age of consent for a close-in-age exception to apply in Europe is 12 (in [[Ages of consent in Europe#Hungary|Hungary]]), providing their older sexual partner is under 18.<ref name="jogtar"/>

Some countries have close-in-age exceptions, allowing partners close in age of whom one or both may be below the standard unrestricted age of consent to be able to both legally consent to engage in sexual acts with each other. The lowest minimum age of consent for a close-in-age exception to apply in Europe is 12, providing their older sexual partner is under 18.



All jurisdictions in Europe per [[List of sovereign states and dependent territories in Europe]]:

All jurisdictions in Europe per [[List of sovereign states and dependent territories in Europe]]:

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==Albania==

==Albania==

Since 2001, the age of consent in Albania is '''14''', regardless of gender and sexual orientation. In the case of a girl, however, sex is illegal if she is over&nbsp;14 but has not reached "sexual maturity", as provided by article 100 of the criminal code.<ref>{{cite web|url=http://www.legislationline.org/download/action/download/id/1565/file/d46a10bcf55b80aae189eb6840b4.htm/preview|title=CRIMINAL CODE OF THE REPUBLIC OF ALBANIA|access-date=11 April 2012 |archive-url=https://web.archive.org/web/20100613054559/http://legislationline.org/download/action/download/id/1565/file/d46a10bcf55b80aae189eb6840b4.htm/preview |archive-date=13 June 2010}}</ref>

Since 2001, the age of consent in Albania is '''14''', regardless of gender and sexual orientation.<ref>{{cite web|url=http://www.legislationline.org/download/action/download/id/1565/file/d46a10bcf55b80aae189eb6840b4.htm/preview|title=CRIMINAL CODE OF THE REPUBLIC OF ALBANIA|access-date=11 April 2012 |archive-url=https://web.archive.org/web/20100613054559/http://legislationline.org/download/action/download/id/1565/file/d46a10bcf55b80aae189eb6840b4.htm/preview |archive-date=13 June 2010}}</ref>



==Andorra==

==Andorra==

The age of consent in Andorra is '''14''', as specified by Article 147 of the penal code, which reads: (1) "''Whoever carries out a sexual act with a person younger than fourteen years ... shall be punished with imprisonment for between three months and three years.''" Paragraph 2 states that if the sexual act involves sexual penetration the punishment is three to ten years.<ref>{{Cite web |url=https://sherloc.unodc.org/res/cld/document/codi_penal_andorra_as_of_2014_html/Andorra_codi_penal_as_of_2014.pdf |title=Archived copy |access-date=14 December 2018 |archive-date=12 December 2019 |archive-url=https://web.archive.org/web/20191212203330/https://sherloc.unodc.org/res/cld/document/codi_penal_andorra_as_of_2014_html/Andorra_codi_penal_as_of_2014.pdf |url-status=dead}}</ref>

The age of consent in Andorra is '''16''', as specified by Article 147 of the penal code, which reads: (1) "''Whoever carries out a sexual act with a person younger than sixteen years ... shall be punished with imprisonment for between three months and three years.''" Paragraph 2 states that if the sexual act involves sexual penetration the punishment is three to ten years.<ref>{{Cite web |url=https://sherloc.unodc.org/res/cld/document/codi_penal_andorra_as_of_2014_html/Andorra_codi_penal_as_of_2014.pdf |title=Archived copy |access-date=14 December 2018 |archive-date=12 December 2019 |archive-url=https://web.archive.org/web/20191212203330/https://sherloc.unodc.org/res/cld/document/codi_penal_andorra_as_of_2014_html/Andorra_codi_penal_as_of_2014.pdf |url-status=dead}}</ref>



As specified by Articles 148 and 149, it is illegal – regardless of age – for a person occupying a position of authority or superiority over a person to engage in sexual activity with them, or when it involves the abuse of trust or situation of need or dependence. The penalty is more severe when the subject is below the age of 18.

As specified by Articles 148 and 149, it is illegal – regardless of age – for a person occupying a position of authority or superiority over a person to engage in sexual activity with them, or when it involves the abuse of trust or situation of need or dependence. The penalty is more severe when the subject is below the age of 18.

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==Austria==

==Austria==

The general age of consent in Austria is '''14''', as specified by Section 206<ref>{{cite web|url=http://www.ris.bka.gv.at/Dokumente/Bundesnormen/NOR40023134/NOR40023134.html |title=RIS Dokument |publisher=Ris.bka.gv.at |date=31 July 2013 |access-date=17 May 2014}}</ref> of the penal code. (The term ''unmündig'' is specified in Section 74<ref>{{cite web|url=http://www.ris.bka.gv.at/Dokumente/Bundesnormen/NOR40093644/NOR40093644.html |title=RIS Dokument |publisher=Ris.bka.gv.at |date=31 August 2009 |access-date=17 May 2014}}</ref> of the penal code.) Paragraph 4 of Section 206 defines a close-in-age exception, lowering the age of consent to 13 if the other party is not more than 3 years older and some additional conditions are met. Paragraph 4 of Article 207 increases this exception to 4 years,{{Citation needed|date=March 2024}} with a minimum age of 12,{{Citation needed|date=March 2024}} for sexual acts not amounting to sexual intercourse or other acts "that can be equated with sexual intercourse" - essentially non-penetrative sexual contact.{{Citation needed|date=March 2024}} It is subject to the same additional conditions of article 206 (for example, that the act does not cause serious bodily harm).{{Citation needed|date=March 2024}}

The general age of consent in Austria is '''14''', as specified by Section 206<ref>{{cite web|url=http://www.ris.bka.gv.at/Dokumente/Bundesnormen/NOR40023134/NOR40023134.html |title=RIS Dokument |publisher=Ris.bka.gv.at |date=31 July 2013 |access-date=17 May 2014}}</ref> of the penal code. (The term ''unmündig'' is specified in Section 74<ref>{{cite web|url=http://www.ris.bka.gv.at/Dokumente/Bundesnormen/NOR40093644/NOR40093644.html |title=RIS Dokument |publisher=Ris.bka.gv.at |date=31 August 2009 |access-date=17 May 2014}}</ref> of the penal code.) Paragraph 4 of Section 206 defines a close-in-age exception, lowering the age of consent to 13 if the other party is not more than 3 years older and some additional conditions are met. Paragraph 4 of Article 207 increases this exception to 4 years, with a minimum age of 12, for sexual acts not amounting to sexual intercourse or other acts "that can be equated with sexual intercourse" - essentially non-penetrative sexual contact. It is subject to the same additional conditions of article 206 (for example, that the act does not cause serious bodily harm).



''However'', Section 207b<ref>{{cite web|url=http://www.ris.bka.gv.at/Dokumente/Bundesnormen/NOR40033821/NOR40033821.html |title=RIS Dokument |publisher=Ris.bka.gv.at |access-date=17 May 2014}}</ref> of the penal code contains an exception to the general age of consent: if one of the partners is younger than 16 years of age and "not sufficiently mature to understand the significance of the act", then the act is punishable.{{Citation needed|date=March 2024}}

''However'', Section 207b<ref>{{cite web|url=http://www.ris.bka.gv.at/Dokumente/Bundesnormen/NOR40033821/NOR40033821.html |title=RIS Dokument |publisher=Ris.bka.gv.at |access-date=17 May 2014}}</ref> of the penal code contains an exception to the general age of consent: if one of the partners is younger than 16 years of age and "not sufficiently mature to understand the significance of the act", then the act is punishable.



The offence "initiating sexual contacts with minors under 14 through the use of computer system" is punishable by two years' imprisonment (Section 208a Penal Code).{{Citation needed|date=March 2024}}

The offence "initiating sexual contacts with minors under 15 through the use of computer system" is punishable by two years' imprisonment (Section 208a Penal Code).



===History===

===History===

The Austrian Criminal Code previously specified 18 as the age of consent for [[male homosexual sex]] in which the other partner was aged 14–18, while no equivalent provision existed for heterosexual sexual conduct or in regards to female homosexuality; this was Section 209 of the Criminal Code. In November 1996, an amendment was put before the Austrian Parliament to remove Section 209; but the vote ended in a draw, and the amendment failed to pass. In July 1998, a similar amendment was put forward; it was voted down by the conservative majority. Section 209 came into force when homosexuality between males became legal in 1971.

{{Unreferenced section|date=March 2024}}

The Austrian Criminal Code previously specified 18 as the age of consent for [[male homosexual sex]] in which the other partner was aged 14 to 18, while no equivalent provision existed for heterosexual sexual conduct or in regards to female homosexuality; this was Section 209 of the Criminal Code. In November 1996, an amendment was put before the Austrian Parliament to remove Section 209; but the vote ended in a draw, and the amendment failed to pass. In July 1998, a similar amendment was put forward; it was voted down by the conservative majority. Section 209 came into force when homosexuality between males became legal in 1971.



On 24 June 2002, the Austrian Constitutional Court ruled that Section 209 was unconstitutional. The Section was later [[repeal]]ed on 14 August 2002. On 9 January 2003, the European Court of Human Rights held, in ''L & V v Austria'', that Section 209 violated Articles 8 and 14 of the [[European Convention on Human Rights]].

On 24 June 2002, the Austrian Constitutional Court ruled that Section 209 was unconstitutional. The Section was later [[repeal]]ed on 14 August 2002. On 9 January 2003, the European Court of Human Rights held, in ''L & V v Austria'', that Section 209 violated Articles 8 and 14 of the [[European Convention on Human Rights]].

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==Georgia==

==Georgia==

The age of consent in Georgia is '''16''' as per Georgian Penal Code Art. 140, and Art. 141.<ref>{{cite web|url=http://www.humanrights.ge/files/crcreport.pdf |title=Archived copy |access-date=30 July 2010 |url-status=live |archive-url=https://web.archive.org/web/20120307204223/http://www.humanrights.ge/files/crcreport.pdf |archive-date=7 March 2012}}</ref>

The age of consent in Georgia is '''14''' as per Georgian Penal Code Art. 140, and Art. 141.<ref>{{cite web|url=http://www.humanrights.ge/files/crcreport.pdf |title=Archived copy |access-date=30 July 2010 |url-status=live |archive-url=https://web.archive.org/web/20120307204223/http://www.humanrights.ge/files/crcreport.pdf |archive-date=7 March 2012}}</ref>



==Germany==

==Germany==

[I took a screenpic of this section on Germany a few hours aago...It said 15yo, Somebody in Authority just now altered it to 14yo]

The age of consent in Germany is '''14''', as long as a person over the age of 21 does not exploit a 14-to15-year-old person's lack of capacity for sexual self-determination, in which case a conviction of an individual over the age of 21 requires a complaint from the younger individual; being over 21 and engaging in sexual relations with a minor of that age does not constitute an offense by itself. Otherwise the age of consent is 16, although provisions protecting minors against abuse apply until the age of 18 (under Section 182(1): it is illegal to engage in sexual activity with a person under 18 "by taking advantage of an exploitative situation"<ref>{{cite web|url=http://www.gesetze-im-internet.de/englisch_stgb/englisch_stgb.html#StGB_000P182 |title=German Criminal Code |publisher=Gesetze-im-internet.de |access-date=11 April 2012}}</ref>).

(actual German legislation says 15yo. Found here https://www.gesetze-im-internet.de/englisch_stgb/englisch_stgb.html#p0094)


The age of consent in Germany is '''14''', as long as a person over the age of 21 does not exploit a 14-15-year-old person's lack of capacity for sexual self-determination, in which case a conviction of an individual over the age of 21 requires a complaint from the younger individual; being over 21 and engaging in sexual relations with a minor of that age does not constitute an offense by itself.



This is specified by Sections 176 (Sexual abuse of children), 180 (Promotion of sex of minors) and 182 (Sexual abuse of youths) of the Penal Code, which read:

This is specified by Sections 176 (Sexual abuse of children), 180 (Promotion of sex of minors) and 182 (Sexual abuse of youths) of the Penal Code, which read:



§&nbsp;176: "(1) Punished by imprisonment at least one year (and not more than fifteen years pursuant to § 38) shall whoever

§&nbsp;176: "(1) Punished by imprisonment at least one year (and not more than fifteen years pursuant to § 38) shall whoever

# commits sexual acts on a person under fourteen (14) years of age (a child) or allows them to be committed on themself by the child,

# commits sexual acts on a person under fourteen (14) years of age (a child) or allows them to be committed on themself by the child,

# induces a child to commit sexual acts on a third person or to allow them to be committed on the person by a third person, or [...]"

# induces a child to commit sexual acts on a third person or to allow them to be committed on the person by a third person, or [...]"



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The new criminal code in force since 1 July 2013 reads:

The new criminal code in force since 1 July 2013 reads:

"The person who has completed their eighteenth year who has sexual intercourse with a person who has not yet completed their fourteenth year, commits a felony and shall be punishable with imprisonment from one year to five years".

"The person who has completed their eighteenth year who has sexual intercourse with a person who has not yet completed their fourteenth year, commits a felony and shall be punishable with imprisonment from one year to five years".

"The person who has sexual intercourse with a person who has not yet completed their twelfth year, commits a felony and shall be punishable with imprisonment from five years to ten years".<ref name="jogtar">{{cite web|url=http://net.jogtar.hu/jr/gen/hjegy_doc.cgi?docid=A1200100.TV |title=2012. évi C. törvény - a Büntető Törvénykönyvről |publisher=Net.jogtar.hu |access-date=17 May 2014}}</ref>

"The person who has sexual intercourse with a person who has not yet completed their twelfth year, commits a felony and shall be punishable with imprisonment from five years to ten years".<ref>{{cite web|url=http://net.jogtar.hu/jr/gen/hjegy_doc.cgi?docid=A1200100.TV |title=2012. évi C. törvény - a Büntető Törvénykönyvről |publisher=Net.jogtar.hu |access-date=17 May 2014}}</ref>



===History===

===History===

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==Iceland==

==Iceland==

The age of consent in [[Iceland]] is '''15''', as specified by Section 202 of the Icelandic Penal Code, which reads: "Anyone who has carnal intercourse or other sexual intimacy with a child younger than 15 years shall be subject to imprisonment for at least 1 year and up to 15 years."<ref>''(Icelandic)'' [http://www.althingi.is/lagas/135a/1940019.html The Icelandic Penal Code] {{webarchive|url=https://web.archive.org/web/20160317171939/http://www.althingi.is/lagas/135a/1940019.html|date=17 March 2016}}

The age of consent in [[Iceland]] is '''14''', as specified by Section 202 of the Icelandic Penal Code, which reads: "Anyone who has carnal intercourse or other sexual intimacy with a child younger than 14 years shall be subject to imprisonment for at least 1 year and up to 15 years." The age of consent rises to 18 if the older party is in position of authority.<ref>''(Icelandic)'' [http://www.althingi.is/lagas/135a/1940019.html The Icelandic Penal Code] {{webarchive|url=https://web.archive.org/web/20160317171939/http://www.althingi.is/lagas/135a/1940019.html|date=17 March 2016}}

Section 202 Anyone who is 18 or older and has carnal intercourse or other sexual intimacy with a child younger than 15 years shall be subject to imprisonment for at least 1 year and up to 16 years.

Section 202 Anyone who has carnal intercourse or other sexual intimacy with a child younger than 14 years shall be subject to imprisonment for at least 1 year and up to 16 years.

</ref><ref>{{cite web|url=http://visindavefur.hi.is/svar.php?id=3683 |title=''Hver er samræðisaldur á Íslandi?'' |trans-title=What is the age of consent in Iceland?|language=is}}</ref> The age of consent was raised from 14 to 15 in 2007.<ref>{{Cite web|url=https://www.coe.int/en/web/european-social-charter/-european-social-charter-and-european-convention-on-human-rights|title=European Social Charter and European Convention on Human Rights|website=European Social Charter}}</ref> A close-in-age exemption allows sexual acts from age '''14''' if the older party is under 18.<ref>''(Icelandic)'' [http://www.althingi.is/lagas/135a/1940019.html The Icelandic Penal Code] {{webarchive|url=https://web.archive.org/web/20160317171939/http://www.althingi.is/lagas/135a/1940019.html|date=17 March 2016}}

</ref><ref>{{cite web|url=http://visindavefur.hi.is/svar.php?id=3683 |title=''Hver er samræðisaldur á Íslandi?'' |trans-title=What is the age of consent in Iceland?|language=is}}</ref>

Section 202 Anyone who is 18 or older and has carnal intercourse or other sexual intimacy with a child younger than 15 years shall be subject to imprisonment for at least 1 year and up to 16 years.

</ref><ref>{{cite web|url=http://visindavefur.hi.is/svar.php?id=3683 |title=''Hver er samræðisaldur á Íslandi?'' |trans-title=What is the age of consent in Iceland?|language=is}}</ref>



==Ireland==

==Ireland==

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==Italy==

==Italy==

The age of consent in Italy is '''14''' years, with a close-in-age exception that allows those aged 13 to engage in sexual activity with partners who are under the age of 18, provided that the age gap between them is less than 4 years (i.e. if the partners are all under the age of 18, but at least 13).

The age of consent in Italy is '''14''' years, with a close-in-age exception that allows those aged 13 to engage in sexual activity with partners who are under the age of 18, provided that the age gap between them is less than 4 years (i.e. if the partners are all under the age of 18, but at least 13). The age of consent rises to 16 if one of the participants has some kind of influence on the other (e.g. parent - being a natural or an adoptive one, teacher, tutor, etc.). Not knowing that the victim is underage is not a legal defense, except when it was unavoidable ignorance. If the minor involved is under the age of 11, the crime can be punished even without a complaint and the punishment is aggravated. It is also illegal to perform sexual acts in the presence of a minor aged less than 14 with the intent of allowing the minor to witness the acts, even if they do not take an active part.<ref>{{Cite web|url=https://www.diritto.it/leta-del-consenso/|title=L'età del consenso &#124; Il portale giuridico online per i professionisti - Diritto.it|date=7 January 2022|accessdate=11 March 2023}}</ref>


The age of consent rises to 16 if one of the participants has some kind of influence on the other (e.g. parent - being a natural or an adoptive one, teacher, tutor, etc.).


Not knowing that the victim is underage is not a legal defense, except when it was unavoidable ignorance. If the minor involved is under the age of 11, the crime can be punished even without a complaint and the punishment is aggravated. It is also illegal to perform sexual acts in the presence of a minor aged less than 14 with the intent of allowing the minor to witness the acts, even if they do not take an active part.<ref>{{Cite web|url=https://www.diritto.it/leta-del-consenso/|title=L'età del consenso &#124; Il portale giuridico online per i professionisti - Diritto.it|date=7 January 2022|accessdate=11 March 2023}}</ref>



See also related [[s:it:Codice Penale/Libro II/Titolo XII#Art. 609 bis Violenza sessuale|Wikisource]] articles from the Italian Criminal Code (in Italian). See also more related articles from Interpol.<ref>{{cite web|url=http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/csaItaly.asp |archive-url=http://webarchive.loc.gov/all/20010925003359/http%3A//www.interpol.int/public/children/sexualabuse/nationallaws/csaitaly.asp |url-status=dead |archive-date=25 September 2001 |title=Internet / Home - INTERPOL }}</ref>

See also related [[s:it:Codice Penale/Libro II/Titolo XII#Art. 609 bis Violenza sessuale|Wikisource]] articles from the Italian Criminal Code (in Italian). See also more related articles from Interpol.<ref>{{cite web|url=http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/csaItaly.asp |archive-url=http://webarchive.loc.gov/all/20010925003359/http%3A//www.interpol.int/public/children/sexualabuse/nationallaws/csaitaly.asp |url-status=dead |archive-date=25 September 2001 |title=Internet / Home - INTERPOL }}</ref>

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:For the completed offence and apart from the formal element of the offence, there must be the lewd act (''atto di libidine'') and the actual defilement. The lewd act may be committed either on the person or in the presence of the minor. All acts which, either by their very nature or of the circumstances in which they are performed, either are directed to the indulgence of the sexual appetite, either of the agent or of the victim, and are capable of arousing sexual interest of the victim, are lewd acts for the purposes of the offence in question.<ref>{{cite web |url=http://docs.justice.gov.mt/SENTENZI2000_PDF/MALTA/TAL-MAGISTRATI%20(GUDIKATURA%20KRIMINALI)/2008/2008-09-25_568-2005_50759.PDF|title=IL-PULIZIJA SPETTUR LOUISE CALLEJA VS. GIUSEPPE ZAMMIT, Numru 568/2005, 2008-09-28 |work= QORTI TAL-MAGISTRATI (MALTA) BHALA QORTI TA' GUDIKATURA KRIMINALI (Court of magistrates (Malta) as a court of criminal judicature) |publisher=Docs.justice.gov.mt}}</ref><ref>{{cite web |url=http://www.timesofmalta.com.mt/articles/view/20080423/local/ex-religion-teacher-confesses-to-defilement-via-sms |title=Timesofmalta.com - Ex-religion teacher confesses to defilement via SMS |access-date=8 October 2008 |url-status=live |archive-url=https://web.archive.org/web/20101113052345/http://www.timesofmalta.com.mt/articles/view/20080423/local/ex-religion-teacher-confesses-to-defilement-via-sms |archive-date=13 November 2010}}</ref>

:For the completed offence and apart from the formal element of the offence, there must be the lewd act (''atto di libidine'') and the actual defilement. The lewd act may be committed either on the person or in the presence of the minor. All acts which, either by their very nature or of the circumstances in which they are performed, either are directed to the indulgence of the sexual appetite, either of the agent or of the victim, and are capable of arousing sexual interest of the victim, are lewd acts for the purposes of the offence in question.<ref>{{cite web |url=http://docs.justice.gov.mt/SENTENZI2000_PDF/MALTA/TAL-MAGISTRATI%20(GUDIKATURA%20KRIMINALI)/2008/2008-09-25_568-2005_50759.PDF|title=IL-PULIZIJA SPETTUR LOUISE CALLEJA VS. GIUSEPPE ZAMMIT, Numru 568/2005, 2008-09-28 |work= QORTI TAL-MAGISTRATI (MALTA) BHALA QORTI TA' GUDIKATURA KRIMINALI (Court of magistrates (Malta) as a court of criminal judicature) |publisher=Docs.justice.gov.mt}}</ref><ref>{{cite web |url=http://www.timesofmalta.com.mt/articles/view/20080423/local/ex-religion-teacher-confesses-to-defilement-via-sms |title=Timesofmalta.com - Ex-religion teacher confesses to defilement via SMS |access-date=8 October 2008 |url-status=live |archive-url=https://web.archive.org/web/20101113052345/http://www.timesofmalta.com.mt/articles/view/20080423/local/ex-religion-teacher-confesses-to-defilement-via-sms |archive-date=13 November 2010}}</ref>



The interpretation of the law is situational and at the discretion of the prosecution and the courts, based on relevant factors that may be taken into account to decide whether the minor was actually "defiled". For example, in 2008 two brothers, aged 19 and 20, were found not guilty of defiling a girl, then aged 16 (until 2018 the age of consent was 18). Their sexual encounters were consensual, and it was clear that the girl had had several previous sexual adventures with several youths.<ref>{{cite web |url=http://www.timesofmalta.com/articles/view/20080428/local/brothers-acquitted-of-defiling-girl |title=Brothers acquitted of defiling girl |date=28 April 2008 |publisher=timesofmalta.com |access-date=17 May 2014}}</ref><ref>{{cite web |url=http://docs.justice.gov.mt/SENTENZI2000_PDF/MALTA/TAL-MAGISTRATI%20(GUDIKATURA%20KRIMINALI)/2008/2008-04-23_914-2004_48886.PDF|title=POLICE INSPECTOR TEREZA SCIBERRAS, INSPECTOR RAYMOND AQUILINA VS. SEBASTIAN FRANCIS De BONO, ZACHARY De BONO, Number 914/2004, 2008-04-23 |work= COURT OF MAGISTRATES (MALTA) AS A COURT OF CRIMINAL JUDICATURE |publisher=Docs.justice.gov.mt}}</ref> In 2007 a man of 30 was found guilty of defiling a boy, then aged 14. He had set up a situation in which the boy came to his apartment; as a result of both childish curiosity and what the court deemed to be the guile of the adult man, the boy remained in the apartment even while man first showered and then committed the lewd acts.<ref>{{cite web |url=http://docs.justice.gov.mt/SENTENZI2000_PDF/MALTA/TA'%20L-APPELLI%20KRIMINALI%20(INFERJURI)/2007/2007-06-11_170-2007_43765.PDF|title=The Police v. Arshad Nawaz, Criminal Appeal Number. 170/2007, 2007-06-11 |work= MALTA - COURT OF CRIMINAL APPEAL |publisher=Docs.justice.gov.mt}}</ref> There are also other cases, where offenders have been found guilty even though the circumstances were not clear, such as the case of a hotel manager aged 35 with a 14-year-old girl on holiday,<ref>{{cite web|url=http://www.timesofmalta.com.mt/articles/view/20080902/local/man-accused-of-defilement |title=Timesofmalta.com - Man accused of defilement |access-date=8 October 2008 |url-status=live |archive-url=https://web.archive.org/web/20081216114916/http://www.timesofmalta.com.mt/articles/view/20080902/local/man-accused-of-defilement |archive-date=16 December 2008}}</ref> three men aged 18, 19 and 20 with three 14-year-old girls<ref>{{cite web |url=http://www.timesofmalta.com.mt/articles/view/20080827/local/three-admit-indecent-acts |title=Timesofmalta.com - Three admit indecent acts |access-date=8 October 2008 |url-status=live |archive-url=https://web.archive.org/web/20081216114905/http://www.timesofmalta.com.mt/articles/view/20080827/local/three-admit-indecent-acts |archive-date=16 December 2008}}</ref> or another hotel manager of 46 and a boy of 14, who had encounters over a longer time.<ref>{{cite web|url=http://www.timesofmalta.com.mt/articles/view/20080822/local/hotel-manager-charged-with-defiling-boy-14 |title=Timesofmalta.com - Hotel manager charged with defiling boy, 14 |access-date=8 October 2008 |url-status=live |archive-url=https://web.archive.org/web/20101119045509/http://www.timesofmalta.com.mt/articles/view/20080822/local/hotel-manager-charged-with-defiling-boy-14 |archive-date=19 November 2010}}</ref>

The interpretation of the law is situational and at the discretion of the prosecution and the courts, based on relevant factors that may be taken into account to decide whether the minor was actually "defiled". For example, in 2008 two brothers, aged 19 and 20, were found not guilty of defiling a girl, then aged 16 (until 2018 the age of consent was 18). Their sexual encounters were consensual, and it was clear that the girl had had several previous sexual adventures with several youths.<ref>{{cite web |url=http://www.timesofmalta.com/articles/view/20080428/local/brothers-acquitted-of-defiling-girl |title=Brothers acquitted of defiling girl |publisher=timesofmalta.com |access-date=17 May 2014}}</ref><ref>{{cite web |url=http://docs.justice.gov.mt/SENTENZI2000_PDF/MALTA/TAL-MAGISTRATI%20(GUDIKATURA%20KRIMINALI)/2008/2008-04-23_914-2004_48886.PDF|title=POLICE INSPECTOR TEREZA SCIBERRAS, INSPECTOR RAYMOND AQUILINA VS. SEBASTIAN FRANCIS De BONO, ZACHARY De BONO, Number 914/2004, 2008-04-23 |work= COURT OF MAGISTRATES (MALTA) AS A COURT OF CRIMINAL JUDICATURE |publisher=Docs.justice.gov.mt}}</ref> In 2007 a man of 30 was found guilty of defiling a boy, then aged 14. He had set up a situation in which the boy came to his apartment; as a result of both childish curiosity and what the court deemed to be the guile of the adult man, the boy remained in the apartment even while man first showered and then committed the lewd acts.<ref>{{cite web |url=http://docs.justice.gov.mt/SENTENZI2000_PDF/MALTA/TA'%20L-APPELLI%20KRIMINALI%20(INFERJURI)/2007/2007-06-11_170-2007_43765.PDF|title=The Police v. Arshad Nawaz, Criminal Appeal Number. 170/2007, 2007-06-11 |work= MALTA - COURT OF CRIMINAL APPEAL |publisher=Docs.justice.gov.mt}}</ref> There are also other cases, where offenders have been found guilty even though the circumstances were not clear, such as the case of a hotel manager aged 35 with a 14-year-old girl on holiday,<ref>{{cite web|url=http://www.timesofmalta.com.mt/articles/view/20080902/local/man-accused-of-defilement |title=Timesofmalta.com - Man accused of defilement |access-date=8 October 2008 |url-status=live |archive-url=https://web.archive.org/web/20081216114916/http://www.timesofmalta.com.mt/articles/view/20080902/local/man-accused-of-defilement |archive-date=16 December 2008}}</ref> three men aged 18, 19 and 20 with three 14-year-old girls<ref>{{cite web |url=http://www.timesofmalta.com.mt/articles/view/20080827/local/three-admit-indecent-acts |title=Timesofmalta.com - Three admit indecent acts |access-date=8 October 2008 |url-status=live |archive-url=https://web.archive.org/web/20081216114905/http://www.timesofmalta.com.mt/articles/view/20080827/local/three-admit-indecent-acts |archive-date=16 December 2008}}</ref> or another hotel manager of 46 and a boy of 14, who had encounters over a longer time.<ref>{{cite web|url=http://www.timesofmalta.com.mt/articles/view/20080822/local/hotel-manager-charged-with-defiling-boy-14 |title=Timesofmalta.com - Hotel manager charged with defiling boy, 14 |access-date=8 October 2008 |url-status=live |archive-url=https://web.archive.org/web/20101119045509/http://www.timesofmalta.com.mt/articles/view/20080822/local/hotel-manager-charged-with-defiling-boy-14 |archive-date=19 November 2010}}</ref>



In the wording of the law there is no discrimination on the basis of sexual orientation. However, discrimination can result from selective enforcement with regard to individual cases. "This may therefore lead to a higher incidence of cases in which the minor and the perpetrator are of the same sex, given that there may be parents who would not resort to legal proceedings should their 17-year-old child have sexual relations with another person of the opposite sex but would do so if the person is of the same sex."<ref name="attard">{{cite web |first=Christian |last=Attard |url= http://www.law.leiden.edu/general/img/Malta%20-%20Summary%20of%20legislation%202006_tcm19-55172.pdf|title=Summary of legislation implementing "Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation" with respect to sexual orientation in Malta |year= 2005 |publisher=Law.leiden.edu}}</ref>

In the wording of the law there is no discrimination on the basis of sexual orientation. However, discrimination can result from selective enforcement with regard to individual cases. "This may therefore lead to a higher incidence of cases in which the minor and the perpetrator are of the same sex, given that there may be parents who would not resort to legal proceedings should their 17-year-old child have sexual relations with another person of the opposite sex but would do so if the person is of the same sex."<ref name="attard">{{cite web |first=Christian |last=Attard |url= http://www.law.leiden.edu/general/img/Malta%20-%20Summary%20of%20legislation%202006_tcm19-55172.pdf|title=Summary of legislation implementing "Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation" with respect to sexual orientation in Malta |year= 2005 |publisher=Law.leiden.edu}}</ref>

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==Netherlands==

==Netherlands==

The age of consent in the Netherlands is '''16''', as specified by the Dutch Criminal Code: {{Blockquote|text=A person who, out of wedlock, with a person who has reached the age of twelve but has not reached sixteen, performs indecent acts comprising or including sexual penetration of the body is liable to a term of imprisonment of not more than eight years or a fine of the fifth category.|sign=|source=Dutch Criminal Code, Art 245<ref>{{cite web |url=http://wetten.overheid.nl/cgi-bin/deeplink/law1/title=WETBOEK%20VAN%20STRAFRECHT/article=245/ |title=wetten.nl - Wet- en regelgeving - Wetboek van Strafrecht - BWBR0001854 |language=nl |publisher=Wetten.overheid.nl |access-date=2014-05-17 }}{{Dead link|date=August 2023 |bot=InternetArchiveBot |fix-attempted=yes }}</ref>}}{{Blockquote|text=A person who, with a person whom he knows to be unconscious or physically unable to resist or to be suffering from such a degree of mental defect or mental disease that he is incapable or not sufficiently capable of exercising or expressing his will in the matter or of offering resistance, performs indecent acts, or who, with a person who has not yet reached the age of sixteen (16) years, out of wedlock, performs indecent acts, or by whom the latter is enticed into performing, or submitting to such acts, out of wedlock, with a third party, is liable to a term of imprisonment of not more than six years or a fine of the fourth category.|sign=|source=Dutch Criminal Code, Art 247<ref>{{cite web |url=http://wetten.overheid.nl/cgi-bin/deeplink/law1/title=WETBOEK%20VAN%20STRAFRECHT/article=247/ |title=wetten.nl - Wet- en regelgeving - Wetboek van Strafrecht - BWBR0001854 |language=nl |publisher=Wetten.overheid.nl |access-date=2014-05-17 }}{{Dead link|date=August 2023 |bot=InternetArchiveBot |fix-attempted=yes }}</ref>}} Close-in-age exceptions (for consensual acts between adolescents close in age, within "social-ethical norms") are at the discretion of the prosecution. Acts such as a ménage-a-trois, or an unequal relationship, e.g. the perpetrator{{clarify|date=November 2017}} (17) was not in love, while the victim{{clarify|date=November 2017}} (15) was, can also be considered outside "social-ethical norms".<ref>{{cite web |url=http://www.juridischkennisportaal.nl/wiki/strafrecht/ontucht-cq-feitelijke-aanranding/jurisprudentie-ontucht-leeftijdsverschil.htm |title=Jurisprudentie ontucht - leeftijdsverschil - Juridisch kennisportaal |publisher=Juridischkennisportaal.nl |access-date=17 May 2014 |archive-date=17 May 2014 |archive-url=https://web.archive.org/web/20140517185932/http://www.juridischkennisportaal.nl/wiki/strafrecht/ontucht-cq-feitelijke-aanranding/jurisprudentie-ontucht-leeftijdsverschil.htm |url-status=dead }}</ref>

The age of consent in the Netherlands is '''16''', as specified by the Dutch Criminal Code: {{Blockquote|text=A person who, out of wedlock, with a person who has reached the age of twelve but has not reached sixteen, performs indecent acts comprising or including sexual penetration of the body is liable to a term of imprisonment of not more than eight years or a fine of the fifth category.|sign=|source=Dutch Criminal Code, Art 245<ref>{{cite web |url=http://wetten.overheid.nl/cgi-bin/deeplink/law1/title=WETBOEK%20VAN%20STRAFRECHT/article=245/ |title=wetten.nl - Wet- en regelgeving - Wetboek van Strafrecht - BWBR0001854 |language=nl |publisher=Wetten.overheid.nl |access-date=2014-05-17 }}{{Dead link|date=August 2023 |bot=InternetArchiveBot |fix-attempted=yes }}</ref>}}{{Blockquote|text=A person who, with a person whom he knows to be unconscious or physically unable to resist or to be suffering from such a degree of mental defect or mental disease that he is incapable or not sufficiently capable of exercising or expressing his will in the matter or of offering resistance, performs indecent acts, or who, with a person who has not yet reached the age of sixteen (16) years, out of wedlock, performs indecent acts, or by whom the latter is enticed into performing, or submitting to such acts, out of wedlock, with a third party, is liable to a term of imprisonment of not more than six years or a fine of the fourth category.|sign=|source=Dutch Criminal Code, Art 247<ref>{{cite web |url=http://wetten.overheid.nl/cgi-bin/deeplink/law1/title=WETBOEK%20VAN%20STRAFRECHT/article=247/ |title=wetten.nl - Wet- en regelgeving - Wetboek van Strafrecht - BWBR0001854 |language=nl |publisher=Wetten.overheid.nl |access-date=2014-05-17 }}{{Dead link|date=August 2023 |bot=InternetArchiveBot |fix-attempted=yes }}</ref>}} Close-in-age exceptions (for consensual acts between adolescents close in age, within "social-ethical norms") are at the discretion of the prosecution. Acts such as a ménage-a-trois, or an unequal relationship, e.g. the perpetrator{{clarify|date=November 2017}} (17) was not in love, while the victim{{clarify|date=November 2017}} (15) was, can also be considered outside "social-ethical norms".<ref>{{cite web |url=http://www.juridischkennisportaal.nl/wiki/strafrecht/ontucht-cq-feitelijke-aanranding/jurisprudentie-ontucht-leeftijdsverschil.htm |title=Jurisprudentie ontucht - leeftijdsverschil - Juridisch kennisportaal |publisher=Juridischkennisportaal.nl |access-date=17 May 2014}}</ref>



===History===

===History===

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Sexual relations between two women was never explicitly criminalized, but have been prosecuted under the general indecency law of the Civil Penal Code of 1842.<ref>{{cite web|url=http://www.apollon.uio.no/bokanmeldelser/2000/homoseksualitet.html |title=Homoseksualitet mellom fortielse og straff |language=no |publisher=Apollon |access-date=17 May 2014}}</ref>

Sexual relations between two women was never explicitly criminalized, but have been prosecuted under the general indecency law of the Civil Penal Code of 1842.<ref>{{cite web|url=http://www.apollon.uio.no/bokanmeldelser/2000/homoseksualitet.html |title=Homoseksualitet mellom fortielse og straff |language=no |publisher=Apollon |access-date=17 May 2014}}</ref>



In 1951, a Norwegian ministry of justice white paper recommended de-criminalization of homosexual acts in the 1903 Civil Penal Code §213, but this was rejected by the Norwegian Parliament (Stortinget). The ban on sex between men, which also outlawed cohabitation<ref>[[:no:Konkubinatparagrafen]]</ref>{{Better source needed|date=February 2014}} as well as sex with animals, was repealed in 1972<ref>{{cite web|url=http://www.lovdata.no/all/tl-19020522-010-023.html#196/00_Norway_Penal%20Code.asp |title=Lovdata - Sender deg til riktig side |publisher=Lovdata.no |date=22 May 1902 |access-date=17 May 2014}}</ref><ref>{{cite web |url=http://www.ub.uio.no/ujur/ulovdata/lov-19020522-010-eng.pdf|title=Quotations taken from the Ministry of Justice's (unofficial translation), though updated with current (September 2012) changes in the code |publisher=Ub.uio.no}}</ref> ([[Zoophilia|bestiality]] having been recriminalized in 2008<ref>{{cite web |url= http://www.regjeringen.no/en/archive/Stoltenbergs-2nd-Government/Ministry-of-Agriculture-and-Food/Nyheter-og-pressemeldinger/nyheter/2009/new-animal-welfare-act-.html?id=562543 |title=New Animal Welfare Act |work=regjeringen.no |date=15 May 2009 |access-date=13 July 2014}}</ref>).

In 1951 a Norwegian ministry of justice white paper recommended de-criminalization of homosexual acts in the 1903 Civil Penal Code §213, but this was rejected by the Norwegian Parliament (Stortinget). The ban on sex between men, which also outlawed cohabitation<ref>[[:no:Konkubinatparagrafen]]</ref>{{Better source needed|date=February 2014}} as well as sex with animals, was repealed in 1972<ref>{{cite web|url=http://www.lovdata.no/all/tl-19020522-010-023.html#196/00_Norway_Penal%20Code.asp |title=Lovdata - Sender deg til riktig side |publisher=Lovdata.no |date=22 May 1902 |access-date=17 May 2014}}</ref><ref>{{cite web |url=http://www.ub.uio.no/ujur/ulovdata/lov-19020522-010-eng.pdf|title=Quotations taken from the Ministry of Justice's (unofficial translation), though updated with current (September 2012) changes in the code |publisher=Ub.uio.no}}</ref> ([[bestiality]] having been recriminalized in 2008<ref>{{cite web |url= http://www.regjeringen.no/en/archive/Stoltenbergs-2nd-Government/Ministry-of-Agriculture-and-Food/Nyheter-og-pressemeldinger/nyheter/2009/new-animal-welfare-act-.html?id=562543 |title=New Animal Welfare Act |work=regjeringen.no |date=15 May 2009 |access-date=13 July 2014}}</ref>).



The Penal Code of 2005, replaced the 1902 General Civil Penal Code, and was entered into force on 1 October 2005.

The Penal Code of 2005, replaced the 1902 General Civil Penal Code, and was entered into force on 1 October 2005.

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==Portugal==

==Portugal==

Art 171 of the Portuguese Penal Code establishes the age of consent as '''14''', regardless of gender or sexual orientation, but Art 173 forbids sexual relations between adults and adolescents aged 14 to 16 if it can be said the adult took advantage of the adolescent's inexperience, and Art 172 limits it further, forbidding sexual relations with youth aged 16 to 18 by adults entrusted with their education or assistance.<ref>{{Cite web|url=http://www.codigopenal.pt/|title=Código Penal|website=www.codigopenal.pt|access-date=18 October 2019}}</ref><blockquote>Section II - Crimes against sexual self-determination

Art 171 of the Portuguese Penal Code establishes the age of consent as '''16''', regardless of gender or sexual orientation, but Art 173 forbids sexual relations between adults and adolescents aged 16 if it can be said the adult took advantage of the adolescent's inexperience, and Art 172 limits it further, forbidding sexual relations with youth aged 16 by adults entrusted with their education or assistance.<ref>{{Cite web|url=http://www.codigopenal.pt/|title=Código Penal|website=www.codigopenal.pt|access-date=18 October 2019}}</ref><blockquote>Section II - Crimes against sexual self-determination



Article 171 - Child sexual abuse

Article 171 - Child sexual abuse



1. Anyone who engages in a major sexual act with or under 14 years of age, or causes him to do it with another person, is punished with imprisonment from one to eight years.

1. Anyone who engages in a major sexual act with or under 16 years of age, or causes him to do it with another person, is punished with imprisonment from one to eight years.



2. If the sexual act of relief consists of copulation, anal intercourse, oral intercourse or vaginal or anal introduction of body parts or objects, the agent is punished with imprisonment of three to ten years.

2. If the sexual act of relief consists of copulation, anal intercourse, oral intercourse or vaginal or anal introduction of body parts or objects, the agent is punished with imprisonment of three to ten years.

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3. Who:

3. Who:



a) To prevent minors under 14 years of age, practicing the act provided for in article 170; or

a) To prevent minors under 16 years of age, practicing the act provided for in article 170; or



b) Act on a child under the age of 14, by means of a conversation, writing, spectacle or pornographic object;

b) Act on a child under the age of 16, by means of a conversation, writing, spectacle or pornographic object;



c) Enticing children under 14 to attend sexual abuse or sexual activity;

c) Enticing children under 16 to attend sexual abuse or sexual activity;



is punished with imprisonment for up to three years.

is punished with imprisonment for up to three years.

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Article 172 - Sexual abuse of dependent children

Article 172 - Sexual abuse of dependent children



1. Those who practice or lead to practice the act described in paragraphs 1 or 2 of the previous article, relative to a minor between 14 and 18 years of age entrusted to him or her for education or assistance, shall be punished with imprisonment from one to eight years. .

1. Those who practice or lead to practice the act described in paragraphs 1 or 2 of the previous article, relative to a minor between 16 years of age entrusted to him or her for education or assistance, shall be punished with imprisonment from one to eight years. .



2. Whoever commits an act described in paragraph 3 of the previous article, in relation to the minor understood in the previous paragraph of this article and under the conditions described therein, shall be punished with imprisonment of up to one year.

2. Whoever commits an act described in paragraph 3 of the previous article, in relation to the minor understood in the previous paragraph of this article and under the conditions described therein, shall be punished with imprisonment of up to one year.

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Article 173 - Sexual acts with adolescents

Article 173 - Sexual acts with adolescents



1. Who, being of legal age , engages in a major sexual act between the ages of 14 and 16, or causes it to be practiced by him with others, abusing his inexperience, is punished with imprisonment for up to 2 years.

1. Who, being of legal age , engages in a major sexual act between the ages of 16, or causes it to be practiced by him with others, abusing his inexperience, is punished with imprisonment for up to 2 years.



2. If the sexual act of relief consists of copulation, oral intercourse, anal intercourse or vaginal or anal introduction of body parts or objects, the agent is punished with imprisonment for up to 3 years.

2. If the sexual act of relief consists of copulation, oral intercourse, anal intercourse or vaginal or anal introduction of body parts or objects, the agent is punished with imprisonment for up to 3 years.

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===History===

===History===

Since September 2007, the age of consent was formally equalised as part of the Penal Code of September 2007. Although the age of consent is stipulated at 14 in Portugal, the legality of sexual acts with a minor between 14 and 16 is open to legal interpretation since the law states that it is illegal to perform a sexual act with an adolescent between 14 and 16 years old "by taking advantage of their inexperience".<ref>{{cite web|url=http://www.avert.org/aofconsent.htm|title=Worldwide Ages of Consent|date=3 November 2011|publisher=Avert.org|access-date=11 April 2012}}</ref> Homosexual acts were legalised for the first time in Portugal in 1852, with an equal age of consent at that time - although homosexuality was again re-criminalised in 1886. They were decriminalised a second time in 1983 and an age of consent was set at 16, in line with heterosexual activities. In 1995, a new Penal Code was introduced with "different circumstances" for different sexual behaviours. Since September 2007, the age of consent, regardless of sexual behaviour, gender or sexual orientation, is 14 {{Citation needed|date=October 2007}}.

Since September 2007, the age of consent was formally equalised as part of the Penal Code of September 2007. Although the age of consent is stipulated at 16 in Portugal, the legality of sexual acts with a minor between 14 and 16 is open to legal interpretation since the law states that it is illegal to perform a sexual act with an adolescent between 14 and 16 years old "by taking advantage of their inexperience".<ref>{{cite web|url=http://www.avert.org/aofconsent.htm|title=Worldwide Ages of Consent|date=3 November 2011|publisher=Avert.org|access-date=11 April 2012}}</ref> Homosexual acts were legalised for the first time in Portugal in 1852, with an equal age of consent at that time - although homosexuality was again re-criminalised in 1886. They were decriminalised a second time in 1983 and an age of consent was set at 16, in line with heterosexual activities. In 1995, a new Penal Code was introduced with "different circumstances" for different sexual behaviours. Since September 2007, the age of consent, regardless of sexual behaviour, gender or sexual orientation, is 16 {{Citation needed|date=October 2007}}.



{{see also|LGBT rights in Portugal}}

{{see also|LGBT rights in Portugal}}

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===History===

===History===

For a very long time, the age of consent in Romania was 14. The Penal Code of 1864, which followed shortly after the [[United Principalities of Moldavia and Wallachia]], and was in force between 1865 and 1936, set an age of consent of 14. Under this code, Article 263 read: "Any assault against decency, whether completed or attempted, without violence, upon the person of a child, either male or female, aged less than 14 years, shall be punished with imprisonment between two and three years." Article 264 defined "assault against decency with violence", the equivalent of the modern-day crime of [[rape]] (although the term "rape" was not used in that code), and stipulated that the maximum penalty should be given if the victim was under 15 years of age.<ref>{{cite web|url=http://lege5.ro/Gratuit/g42tamju/codul-penal-din-1864|title=Codul Penal din 1864|access-date=19 February 2016|archive-url=https://web.archive.org/web/20160616030447/http://lege5.ro/Gratuit/g42tamju/codul-penal-din-1864|archive-date=16 June 2016|url-status=dead}}</ref> In 1936, a new criminal code came into force. Article 421 read: "The man who has sexual intercourse with a girl under 14 years of age commits the offense of assault against decency without violence, and is punishable by imprisonment between one and three years." However, if aggravated factors existed (such as pregnancy, a sexually transmitted disease, or committed by a person with a specific relation to the victim, or by several persons) the punishment was increased. With regard to rape (article 419) the victim being under 14 constituted an aggravating factor.<ref>{{cite web|url=http://lege5.ro/Gratuit/heztqnzu/codul-penal-din-1936|title=Codul Penal din 1936|access-date=19 February 2016|archive-date=11 June 2015|archive-url=https://web.archive.org/web/20150611204100/http://lege5.ro/Gratuit/heztqnzu/codul-penal-din-1936|url-status=dead}}</ref> After the installation of the communist regime, the code was modified several time, and, in 1969, a new penal code came into effect. Nevertheless, the age of consent of 14 was maintained. Article 198 of the 1969 code read: "Sexual intercourse with a female person who has not attained the age of 14 is punishable by imprisonment of one to five years." In a case of rape, similarly with the previous code, the victim being under 14 constituted an aggravating factor (Article 197).<ref>{{cite web|url=http://lege5.ro/Gratuit/he2demzw/codul-penal-din-1968|title=Codul Penal din 1968|access-date=19 February 2016|archive-url=https://web.archive.org/web/20161107131522/http://lege5.ro/Gratuit/he2demzw/codul-penal-din-1968|archive-date=7 November 2016|url-status=dead}}</ref>

For a very long time, the age of consent in Romania was 14. The Penal Code of 1864, which followed shortly after the [[United Principalities|union of the Principalities of Moldavia and Wallachia]], and was in force between 1865 and 1936, set an age of consent of 14. Under this code, Article 263 read: "Any assault against decency, whether completed or attempted, without violence, upon the person of a child, either male or female, aged less than 14 years, shall be punished with imprisonment between two and three years." Article 264 defined "assault against decency with violence", the equivalent of the modern-day crime of [[rape]] (although the term "rape" was not used in that code), and stipulated that the maximum penalty should be given if the victim was under 15 years of age.<ref>{{cite web|url=http://lege5.ro/Gratuit/g42tamju/codul-penal-din-1864|title=Codul Penal din 1864|access-date=19 February 2016|archive-url=https://web.archive.org/web/20160616030447/http://lege5.ro/Gratuit/g42tamju/codul-penal-din-1864|archive-date=16 June 2016|url-status=dead}}</ref> In 1936, a new criminal code came into force. Article 421 read: "The man who has sexual intercourse with a girl under 14 years of age commits the offense of assault against decency without violence, and is punishable by imprisonment between one and three years." However, if aggravated factors existed (such as pregnancy, a sexually transmitted disease, or committed by a person with a specific relation to the victim, or by several persons) the punishment was increased. With regard to rape (article 419) the victim being under 14 constituted an aggravating factor.<ref>{{cite web|url=http://lege5.ro/Gratuit/heztqnzu/codul-penal-din-1936|title=Codul Penal din 1936|access-date=19 February 2016|archive-date=11 June 2015|archive-url=https://web.archive.org/web/20150611204100/http://lege5.ro/Gratuit/heztqnzu/codul-penal-din-1936|url-status=dead}}</ref> After the installation of the communist regime, the code was modified several time, and, in 1969, a new penal code came into effect. Nevertheless, the age of consent of 14 was maintained. Article 198 of the 1969 code read: "Sexual intercourse with a female person who has not attained the age of 14 is punishable by imprisonment of one to five years." In a case of rape, similarly with the previous code, the victim being under 14 constituted an aggravating factor (Article 197).<ref>{{cite web|url=http://lege5.ro/Gratuit/he2demzw/codul-penal-din-1968|title=Codul Penal din 1968|access-date=19 February 2016|archive-url=https://web.archive.org/web/20161107131522/http://lege5.ro/Gratuit/he2demzw/codul-penal-din-1968|archive-date=7 November 2016|url-status=dead}}</ref>



The late 1990s and the early 21st century saw major modifications to the criminal code, in an effort to modify what was seen as outdated provisions, especially as Romania prepared to enter the EU. As such, homosexuality was decriminalized, the text of several criminal offences was modified by making it gender-neutral, the age of consent was lifted to 15 (applicable to both girls and boys), punishments for several sexual crimes were increased, and the stipulation that a rapist could avoid punishment after rape if he married his victim was abolished. Changes were made through Law no. 140/1996, Law No. 197/2000, Emergency Ordinance no. 89/2001, and Emergency Ordinance no. 143/2002. Nevertheless, the rapid adoption of numerous laws led to poorly drafted and contradictory texts, which have caused difficulty among the jurisprudence and doctrine, and several cases ended to the [[High Court of Cassation and Justice]] in order to clarify the interpretation of the law.{{Citation needed|date=June 2018}} Finally, a new criminal code entered into force on 1 February 2014, which set the age of consent at 15.

The late 1990s and the early 21st century saw major modifications to the criminal code, in an effort to modify what was seen as outdated provisions, especially as Romania prepared to enter the EU. As such, homosexuality was decriminalized, the text of several criminal offences was modified by making it gender-neutral, the age of consent was lifted to 15 (applicable to both girls and boys), punishments for several sexual crimes were increased, and the stipulation that a rapist could avoid punishment after rape if he married his victim was abolished. Changes were made through Law no. 140/1996, Law No. 197/2000, Emergency Ordinance no. 89/2001, and Emergency Ordinance no. 143/2002. Nevertheless, the rapid adoption of numerous laws led to poorly drafted and contradictory texts, which have caused difficulty among the jurisprudence and doctrine, and several cases ended to the [[High Court of Cassation and Justice]] in order to clarify the interpretation of the law.{{Citation needed|date=June 2018}} Finally, a new criminal code entered into force on 1 February 2014, which set the age of consent at 15.

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==Serbia==

==Serbia==

The age of consent in Serbia is '''14''', regardless of sexual orientation or gender. This is regulated by Chapter 18 (Sexual Offences) of the [[Penal Code]] of the Republic of Serbia and especially Article 180 (prohibiting sexual intercourse with a child). Article 112 defines a child as a person under 14 years of age.

The age of consent in Serbia is '''14''', regardless of sexual orientation or gender. This is regulated by Chapter 18 (Sexual Offences) of the [[Penal Code]] of the Republic of Serbia and especially Article 180 (prohibiting sexual intercourse with a child). Article 112 defines a child as a person under 14 years of age.

Article 181 prohibits sexual intercourse with a juvenile (defined in Article 112 as a person under 18) if the juvenile is entrusted for learning, tutoring, guardianship or care. Article 190 furthermore forbids cohabitation with a minor (person under 18) unless a marriage is conducted. A close-in-age exception for sexual acts with persons under 14 exists, defined as being "no considerable difference between the offender and the childinrespect of

Article 181 prohibits sexual intercourse with a juvenile (defined in Article 112 as a person under 18) if the juvenile is entrusted for learning, tutoring, guardianship or care. Article 190 furthermore forbids cohabitation with a minor (person under 18) unless a marriage is conducted.<ref>{{cite web |url=http://www.legislationline.org/download/action/download/id/901/file/576c23dc41967e427086bf4c2b45.pdf |archive-url=https://web.archive.org/web/20100613061222/http://legislationline.org/download/action/download/id/901/file/576c23dc41967e427086bf4c2b45.pdf |url-status=dead |archive-date=13 June 2010|title=Serbian Criminal Code in English (translated by the OSCE mission to SerbiainFebruary 2006) |publisher=Legislationline.org }}</ref>

their mental and physical development".<ref>{{cite web |url=http://www.legislationline.org/download/action/download/id/901/file/576c23dc41967e427086bf4c2b45.pdf |archive-url=https://web.archive.org/web/20100613061222/http://legislationline.org/download/action/download/id/901/file/576c23dc41967e427086bf4c2b45.pdf |url-status=dead |archive-date=13 June 2010|title=Serbian Criminal Code in English (translated by the OSCE mission to Serbia in February 2006) |publisher=Legislationline.org }}</ref>



===History===

===History===

From 1977 to 1994, sexual acts between men of any age was a criminal offence in Serbia, although the law has never been applied. Then in 1994, an age of consent was set at 18 for anal sex between males; prior to the change males performing anal sexual conduct with another male could be punished by up to 1 year in prison. An age of consent of 16 was set for male homosexual non-anal relationships; this was regulated by section 110 of the Penal Code of the Republic of Serbia, stating that "lewd acts" between a male adult and a male under the age of 16 were punishable by imprisonment from 1 to 8 years. All other sexual acts had an age of consent at 14. Since 2006, an equal age of consent of 14 came into force, regardless of sexual orientation or gender. There was no specific reference to "lewd acts" between two females of the same offence. The current Criminal Code criminalizes sex with children, and the given definition of "a child" for all offenses is set at 14.

From 1977 to 1994, sexual acts between men of any age was a criminal offence in Serbia, although the law has never been applied. Then in 1994, an age of consent was set at 18 for anal sex between males; prior to the change males performing anal sexual conduct with another male could be punished by up to 1 year in prison. An age of consent of 16 was set for male homosexual non-anal relationships; this was regulated by section 110 of the Penal Code of the Republic of Serbia, stating that "lewd acts" between a male adult and a male under the age of 16 were punishable by imprisonment from 1 to 8 years. All other sexual acts had an age of consent at 18. Since 2006, an equal age of consent of 14 came into force, regardless of sexual orientation or gender. There was no specific reference to "lewd acts" between two females of the same offence. The current Criminal Code criminalizes sex with children, and the given definition of "a child" for all offenses is set at 18.



The province of [[Vojvodina]], a northern province of Serbia, had decriminalized [[homosexuality]] in 1978,<ref>{{cite web |title=Homoseksualnost u SFRJ |url=https://www.optimist.rs/homoseksualnost-u-sfrj/ |website=Optimist magazin (In Serbian)|date=September 2013 |access-date=7 November 2021}}</ref> thus effectively making an equal age of consent for any sexual practice regardless of [[sex or gender]]. This lasted until Vojvodina lost its law-making power in 1990.

The province of [[Vojvodina]], a northern province of Serbia, had decriminalized [[homosexuality]] in 1978,<ref>{{cite web |title=Homoseksualnost u SFRJ |url=https://www.optimist.rs/homoseksualnost-u-sfrj/ |website=Optimist magazin (In Serbian)|date=September 2013 |access-date=7 November 2021}}</ref> thus effectively making an equal age of consent for any sexual practice regardless of [[sex or gender]]. This lasted until Vojvodina lost its law-making power in 1990.

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[[Spanish Criminal Code]] Article 183:

[[Spanish Criminal Code]] Article 183:



(1). {{lang|es|El que realizare actos de carácter sexual con un menor de dieciséis años, será castigado como responsable de abuso sexual a un menor con la pena de prisión de dos a seis años.}}

(1). {{lang|es|El que realizare actos de carácter sexual con un menor de 16 años, será castigado como responsable de abuso sexual a un menor con la pena de prisión de dos a seis años.}}



:Translation: Whoever performs sexual acts with a minor under sixteen years, shall be punished for sexual abuse of a minor with imprisonment of two to six years.

:Translation: Whoever performs sexual acts with a minor under 16 years, shall be punished for sexual abuse of a minor with imprisonment of two to six years.



(3). {{lang|es|Cuando el ataque consista en acceso carnal por vía vaginal, anal o bucal, o introducción de miembros corporales u objetos por alguna de las dos primeras vías, el responsable será castigado con la pena de prisión de ocho a doce años, en el caso del apartado 1...}}

(3). {{lang|es|Cuando el ataque consista en acceso carnal por vía vaginal, anal o bucal, o introducción de miembros corporales u objetos por alguna de las dos primeras vías, el responsable será castigado con la pena de prisión de ocho a doce años, en el caso del apartado 1...}}

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:Translation: When the attack consists of penile entry<ref>{{Cite web |url=http://www.enciclopedia-juridica.biz14.com/d/acceso-carnal/acceso-carnal.htm |title=Acceso carnal |website=www.enciclopedia-juridica.biz14.com |language=es |access-date=6 December 2017}}legal definition of "acceso carnal"</ref> vaginally, anally or orally, or introduction of body parts or objects in the first two ways, the offender shall be punished with imprisonment from eight to twelve years, in the case of paragraph 1...

:Translation: When the attack consists of penile entry<ref>{{Cite web |url=http://www.enciclopedia-juridica.biz14.com/d/acceso-carnal/acceso-carnal.htm |title=Acceso carnal |website=www.enciclopedia-juridica.biz14.com |language=es |access-date=6 December 2017}}legal definition of "acceso carnal"</ref> vaginally, anally or orally, or introduction of body parts or objects in the first two ways, the offender shall be punished with imprisonment from eight to twelve years, in the case of paragraph 1...



There is a close-in-age exemption: {{lang|es|El consentimiento libre del menor de dieciséis años excluirá la responsabilidad penal por los delitos previstos en este Capítulo, cuando el autor sea una persona próxima al menor por edad y grado de desarrollo o madurez}}

There is a close-in-age exemption: {{lang|es|El consentimiento libre del menor de 16 años excluirá la responsabilidad penal por los delitos previstos en este Capítulo, cuando el autor sea una persona próxima al menor por edad y grado de desarrollo o madurez}}



:Translation: The free consent of the minor under sixteen excludes criminal responsibility for crimes under this chapter, if the perpetrator is a person close in age and level of development or maturity.

:Translation: The free consent of the minor under 16 excludes criminal responsibility for crimes under this chapter, if the perpetrator is a person close in age and level of development or maturity.



The age of consent rises to 18 if there is deception or abuse of a recognized position of trust, authorityorinfluence over the minor.

The age of consent rises to 18 if there is deception or abuse of a recognized position of trust or authority over the minor.



Spanish Criminal Code Article 182:

Spanish Criminal Code Article 182:



(1). El que, interviniendo engaño o abusando de una posición reconocida de confianza, autoridad o influencia sobre la víctima, realice actos de carácter sexual con persona mayor de dieciséis años y menor de dieciocho, será castigado con la pena de prisión de uno a tres años.

(1). El que, interviniendo engaño o abusando de una posición reconocida de confianza, autoridad o influencia sobre la víctima, realice actos de carácter sexual con persona mayor de 16 años y menor de 18, será castigado con la pena de prisión de uno a tres años.



:Translation: Whoever performs sexual acts with a person over sixteen and under eighteen by deception or abuse of a recognized position of trust, authority or influence, shall be punished with imprisonment of one to three years.

:Translation: Whoever performs sexual acts with a person over 16 and under 18 by deception or abuse of a recognized position of trust, authority or influence, shall be punished with imprisonment of one to three years.



===History===

===History===

Historically, the age of consent was usually twelve in the Christian kingdoms of [[Iberia]]. A new Penal Code was introduced in Spain in 1995 which specified an age of consent of 12 for all sexual acts, but this was raised to 13 in 1999 andto16 in 2015.<ref name="radiointereconomia.com"/><ref>{{Cite web|url=http://www.abc.es/videos-espana/20150630/entra-vigor-llamada-mordaza-4330498762001.html|title=Entra en vigor la llamada ley mordaza|website=ABC|date=30 June 2015 }}</ref>

Historically, the age of consent was usually twelve in the Christian kingdoms of [[Iberia]]. A new Penal Code was introduced in Spain in 1995 which specified an age of consent of 12 for all sexual acts, but the age of consent for when the older party has position of authority was raisedto18 in 2015.<ref name="radiointereconomia.com"/><ref>{{Cite web|url=http://www.abc.es/videos-espana/20150630/entra-vigor-llamada-mordaza-4330498762001.html|title=Entra en vigor la llamada ley mordaza|website=ABC|date=30 June 2015 }}</ref>



Same-sex sexual acts were lawful in Spain from 1822 to 1954, with the exception of the offence of "unusual or outrageous indecent acts with same-sex persons" between the years 1928 and 1932. However, some homosexuals were arrested in the days of the Second Spanish Republic under the "Ley de Vagos y Maleantes" (Vagrants and Common Delinquents Law). Homosexual acts were made unlawful during [[Francisco Franco]]'s time in power, first by an amendment to the "Ley de Vagos y Maleantes" in 1954, and later by the『Ley de Peligrosidad y Rehabilitación Social 』(Law on Danger and Social Rehabilitation) in 1970. In 1979 [[Adolfo Suarez]]'s government reversed the prohibition of homosexual acts in that law.

Same-sex sexual acts were lawful in Spain from 1822 to 1954, with the exception of the offence of "unusual or outrageous indecent acts with same-sex persons" between the years 1928 and 1932. However, some homosexuals were arrested in the days of the Second Spanish Republic under the "Ley de Vagos y Maleantes" (Vagrants and Common Delinquents Law). Homosexual acts were made unlawful during [[Francisco Franco]]'s time in power, first by an amendment to the "Ley de Vagos y Maleantes" in 1954, and later by the『Ley de Peligrosidad y Rehabilitación Social 』(Law on Danger and Social Rehabilitation) in 1970. In 1979 [[Adolfo Suarez]]'s government reversed the prohibition of homosexual acts in that law.

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==Ukraine==

==Ukraine==

The age of consent in Ukraine is set at '''16''' since 2018, regardless of gender and/or sexual orientation.<ref>{{cite web|url= http://ukrainepravo.com/ukrainian_law/legal-news-in-ukraine-amendments-to-the-criminal-code-judges-qualification-assessment-model-decision/|title= LEGAL NEWS IN UKRAINE: AMENDMENTS TO THE CRIMINAL CODE, JUDGES' QUALIFICATION ASSESSMENT, MODEL DECISION OF THE SUPREME COURT, NEW PROCEDURE OF THE LAWYER'S EXAMINATION, RECALCULATION OF PENSIONS FOR STATE EMPLOYEES|date= 21 April 2018|website= ukraine-pravo.com|access-date= 28 March 2019|archive-date= 13 April 2022|archive-url= https://web.archive.org/web/20220413151234/https://ukrainepravo.com/ukrainian_law/legal-news-in-ukraine-amendments-to-the-criminal-code-judges-qualification-assessment-model-decision/|url-status= dead}}</ref><ref>{{cite web |url= https://ukranews.com/en/news/558311-poroshenko-signs-law-defining-defines-16-years-as-legal-age-of-consent|title= Poroshenko Signs Law Defining Defines 16 Years As Legal Age of Consent|date= 16 April 2018|website= [[Ukrainian News Agency]]|access-date= 28 March 2019}}</ref>

The age of consent in Ukraine is set at '''16''' since 2018, regardless of gender and/or sexual orientation.<ref>{{cite web |url= http://ukrainepravo.com/ukrainian_law/legal-news-in-ukraine-amendments-to-the-criminal-code-judges-qualification-assessment-model-decision/|title= LEGAL NEWS IN UKRAINE: AMENDMENTS TO THE CRIMINAL CODE, JUDGES' QUALIFICATION ASSESSMENT, MODEL DECISION OF THE SUPREME COURT, NEW PROCEDURE OF THE LAWYER'S EXAMINATION, RECALCULATION OF PENSIONS FOR STATE EMPLOYEES|date= 21 April 2018|website= ukraine-pravo.com|access-date= 28 March 2019}}</ref><ref>{{cite web |url= https://ukranews.com/en/news/558311-poroshenko-signs-law-defining-defines-16-years-as-legal-age-of-consent|title= Poroshenko Signs Law Defining Defines 16 Years As Legal Age of Consent|date= 16 April 2018|website= [[Ukrainian News Agency]]|access-date= 28 March 2019}}</ref>



Article 155 states that sexual intercourse with a person under the age of 16 committed by a person over the age of 18 shall be punishable. Additionally, according to Article 152 (since January 2019) sexual intercourse with a person under the age of 14 (regardless of his/her voluntary consent) is a rape. The law no longer makes reference to the concept of "sexual maturity", which existed in the former legislative framework.<ref>{{Cite web|url=http://ukrainepravo.com/ukrainian_law/legal-news-in-ukraine-amendments-to-the-criminal-code-judges-qualification-assessment-model-decision/|title=Legal news in Ukraine: amendments to the Criminal Code, judges' qualification assessment, model decision of the Supreme Court, new procedure of the lawyer's examination, recalculation of pensions for state employees|date=20 April 2018|website=Українське право - інформаційно-правовий портал|access-date=28 March 2019|archive-date=13 April 2022|archive-url=https://web.archive.org/web/20220413151234/https://ukrainepravo.com/ukrainian_law/legal-news-in-ukraine-amendments-to-the-criminal-code-judges-qualification-assessment-model-decision/|url-status=dead}}</ref>

Article 155 states that sexual intercourse with a person under the age of 16 committed by a person over the age of 18 shall be punishable. Additionally, according to Article 152 (since January 2019) sexual intercourse with a person under the age of 14 (regardless of his/her voluntary consent) is a rape. The law no longer makes reference to the concept of "sexual maturity", which existed in the former legislative framework.<ref>{{Cite web|url=http://ukrainepravo.com/ukrainian_law/legal-news-in-ukraine-amendments-to-the-criminal-code-judges-qualification-assessment-model-decision/|title=Legal news in Ukraine: amendments to the Criminal Code, judges' qualification assessment, model decision of the Supreme Court, new procedure of the lawyer's examination, recalculation of pensions for state employees|date=20 April 2018|website=Українське право - інформаційно-правовий портал}}</ref>



==United Kingdom and Crown dependencies==

==United Kingdom and Crown dependencies==

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===England and Wales===

===England and Wales===

The age of consent in [[England and Wales]] is 16 regardless of sexual orientation or gender, as specified by the [[Sexual Offences Act 2003]].<ref>{{cite web|url=http://www.opsi.gov.uk/acts/acts2003/ukpga_20030042_en_2#pt1-pb5-l1g9 |title=Sexual Offences Act 2003 s. 9 |publisher=Opsi.gov.uk |access-date=11 April 2012}}</ref><ref>{{cite web|url=https://www.bbc.co.uk/radio1/advice/factfile_az/age_of_consent|title=Age of Consent according to BBC|publisher=bbc.co.uk|access-date=21 August 2012}}</ref>

The age of consent in [[England and Wales]] is '''16''' regardless of sexual orientation or gender, as specified by the [[Sexual Offences Act 2003]].<ref>{{cite web|url=http://www.opsi.gov.uk/acts/acts2003/ukpga_20030042_en_2#pt1-pb5-l1g9 |title=Sexual Offences Act 2003 s. 9 |publisher=Opsi.gov.uk |access-date=11 April 2012}}</ref><ref>{{cite web|url=https://www.bbc.co.uk/radio1/advice/factfile_az/age_of_consent|title=Age of Consent according to BBC|publisher=bbc.co.uk|access-date=21 August 2012}}</ref>



The vast majority of law relating to sexual offences in England and Wales is laid out in legislation under the Sexual Offences Act 2003, which contains upwards of 140 sections, of which around 70 relate directly to sexual offences. The main sections that relate to sexual offences regarding children are sections 5–15. Sections 5–8 largely reiterate the adult offences of sections 1–4 – rape, assault by penetration, sexual assault, and causing a person to engage in sexual activity without consent – replacing the element of non-consent with the victim being under 13 – with higher maximum sentences in the latter two cases. Sections 9–12 define offences against a child under 13, ''or'' a minor under 16 whom the defendant does not reasonably believe is 16 or over. These offences are sexual activity with a child, meaning sexual touching (the same ''actus reus'' as sexual assault); causing or inciting a child to engage in sexual activity;<ref name="legislation.gov.uk">{{Cite web|url=http://www.legislation.gov.uk/ukpga/2003/42/contents|title=Sexual Offences Act 2003|accessdate=11 March 2023}}</ref> engaging in sexual activity in the presence of a child for sexual gratification; and causing a child to watch a sexual act, meaning a third person or an image, for sexual gratification. Under section 13, these offences carry a lower penalty of 5 years' imprisonment when committed by a person under 18.

The vast majority of law relating to sexual offences in England and Wales is laid out in legislation under the Sexual Offences Act 2003, which contains upwards of 140 sections, of which around 70 relate directly to sexual offences. The main sections that relate to sexual offences regarding children are sections 5–15. Sections 5–8 largely reiterate the adult offences of sections 1–4 – rape, assault by penetration, sexual assault, and causing a person to engage in sexual activity without consent – replacing the element of non-consent with the victim being under 13 – with higher maximum sentences in the latter two cases. Sections 9–12 define offences against a child under 13, ''or'' a child under 16 whom the defendant does not reasonably believe is 16 or over. These offences are sexual activity with a child, meaning sexual touching (the same ''actus reus'' as sexual assault); causing or inciting a child to engage in sexual activity;<ref name="legislation.gov.uk">{{Cite web|url=http://www.legislation.gov.uk/ukpga/2003/42/contents|title=Sexual Offences Act 2003|accessdate=11 March 2023}}</ref> engaging in sexual activity in the presence of a child for sexual gratification; and causing a child to watch a sexual act, meaning a third person or an image, for sexual gratification. Under section 13, these offences carry a lower penalty of 5 years' imprisonment when committed by a person under 18.



Any person who engages in sexual intercourse with a person under age 16 could be prosecuted (unless they are under 10, the [[age of criminal responsibility]]). This therefore means that even sexual intercourse between willing people of a similar age (e.g., a 16-year-old and a 15-year-old) could result in the older person being liable for prosecution for committing a sexual offence. Because of this, guidelines were put in place on how to appropriately prosecute a person who had sexual intercourse with a person under the age of 16, depending on exactly how young a person under the age of 16 was at time the sexual intercourse took place. The [[Crown Prosecution Service]] generally has discretion to decide not to prosecute if the facts of the individual case do not warrant it, and the judge (or magistrates, as the case may be) has discretion to impose more lenient or more severe sentences, up to the legal limits, as the facts warrant. It is rare that prosecution would be brought against persons aged 13 or over engaging in sexual intercourse/activity willingly, as long as all persons involved were of similar age, and it did not involve other matters such as violence, abuse or blackmail.{{citation needed|reason=These guidelines aren't part of the Act, other than the reduced sentences|date=December 2021}}

Any person who engages in sexual intercourse with a person under age 16 could be prosecuted (unless they are under 10, the [[age of criminal responsibility]]). This therefore means that even sexual intercourse between willing people of a similar age (e.g., a 16-year-old and a 15-year-old) could result in the older person being liable for prosecution for committing a sexual offence. Because of this, guidelines were put in place on how to appropriately prosecute a person who had sexual intercourse with a person under the age of 16, depending on exactly how young a person under the age of 16 was at time the sexual intercourse took place. The [[Crown Prosecution Service]] generally has discretion to decide not to prosecute if the facts of the individual case do not warrant it, and the judge (or magistrates, as the case may be) has discretion to impose more lenient or more severe sentences, up to the legal limits, as the facts warrant. It is rare that prosecution would be brought against persons aged 13 or over engaging in sexual intercourse/activity willingly, as long as all persons involved were of similar age, and it did not involve other matters such as violence, abuse or blackmail.{{citation needed|reason=These guidelines aren't part of the Act, other than the reduced sentences|date=December 2021}}

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Because it can be difficult to tell whether a teenager is over 16 or not, for the child sex offences in sections 9–13, it is a defence to show that the defendant ''reasonably'' believed the other person was 16 or over (for example, they look mature enough that they could plausibly be 16 and tell the defendant that they are). This defence is not available if the child was, in fact, under 13. There is thus a two-tier system by age, where sex with a person between 13 and 16 may be legal, but sex with a person under 13 never is.

Because it can be difficult to tell whether a teenager is over 16 or not, for the child sex offences in sections 9–13, it is a defence to show that the defendant ''reasonably'' believed the other person was 16 or over (for example, they look mature enough that they could plausibly be 16 and tell the defendant that they are). This defence is not available if the child was, in fact, under 13. There is thus a two-tier system by age, where sex with a person between 13 and 16 may be legal, but sex with a person under 13 never is.



The age of consent is 18 for a few purposes. Section 16 prohibits sexual activity with a minor under 18 by an adult in a position of trust, such as a carer or teacher, even if the minor in question is 16 or 17. However, this contains an exception for relationships beginning before the position of trust arose.<ref>{{cite web|url=http://www.opsi.gov.uk/acts/acts2003/ukpga_20030042_en_2#pt1-pb6-l1g16 |title=Sexual Offences Act 2003 s. 16 |publisher=Opsi.gov.uk |access-date=11 April 2012}}</ref> Under section 47 it is an offence to pay for or promise payment for sexual services of a person under 18 where the client does not reasonably believe that person is over 18, or in any event for a person under 13.<ref>{{cite web|url=http://www.legislation.gov.uk/ukpga/2003/42/section/47 |title=Sexual Offences Act 2003 s. 47 |publisher=UKPGA |access-date=2 August 2013}}</ref>

The age of consent is 18 for a few purposes. Section 16 prohibits sexual activity with a child under 18 by an adult in a position of trust (such as a carer or teacher), even if the child in question is 16 or 17. However, this contains an exception for relationships beginning before the position of trust arose.<ref>{{cite web|url=http://www.opsi.gov.uk/acts/acts2003/ukpga_20030042_en_2#pt1-pb6-l1g16 |title=Sexual Offences Act 2003 s. 16 |publisher=Opsi.gov.uk |access-date=11 April 2012}}</ref> Under section 47 it is an offence to pay for or promise payment for sexual services of a person under 18 where the client does not reasonably believe that person is over 18, or in any event for a person under 13.<ref>{{cite web|url=http://www.legislation.gov.uk/ukpga/2003/42/section/47 |title=Sexual Offences Act 2003 s. 47 |publisher=UKPGA |access-date=2 August 2013}}</ref>



'''Further reading:'''

'''Further reading:'''

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The age of consent in [[Scotland]] is '''16''', regardless of [[sexual orientation]] or [[gender]].<ref>{{cite news| url=http://news.scotsman.com/politics/Sex-crimes-law--.5463821.jp |archive-url=https://web.archive.org/web/20140518083608/http://www.scotsman.com/news/sex-crimes-law-gets-go-ahead-1-760359 |archive-date=18 May 2014 | location=Edinburgh | work=The Scotsman | title=Sex crimes law gets go-ahead | date=16 July 2009 |url-status=unfit}}{{cbignore}}</ref><ref>{{cite web |url=http://www.theinformationdaily.com/2009/07/16/royal-assent-for-sexual-offences-bill |title=Royal Assent for Sexual Offences Bill |publisher=The Information Daily.com |access-date=17 May 2014 |url-status=dead |archive-url=https://web.archive.org/web/20140517213011/http://www.theinformationdaily.com/2009/07/16/royal-assent-for-sexual-offences-bill |archive-date=17 May 2014}}</ref>

The age of consent in [[Scotland]] is '''16''', regardless of [[sexual orientation]] or [[gender]].<ref>{{cite news| url=http://news.scotsman.com/politics/Sex-crimes-law--.5463821.jp |archive-url=https://web.archive.org/web/20140518083608/http://www.scotsman.com/news/sex-crimes-law-gets-go-ahead-1-760359 |archive-date=18 May 2014 | location=Edinburgh | work=The Scotsman | title=Sex crimes law gets go-ahead | date=16 July 2009 |url-status=unfit}}{{cbignore}}</ref><ref>{{cite web |url=http://www.theinformationdaily.com/2009/07/16/royal-assent-for-sexual-offences-bill |title=Royal Assent for Sexual Offences Bill |publisher=The Information Daily.com |access-date=17 May 2014 |url-status=dead |archive-url=https://web.archive.org/web/20140517213011/http://www.theinformationdaily.com/2009/07/16/royal-assent-for-sexual-offences-bill |archive-date=17 May 2014}}</ref>



However, consensual sex with a girl aged between 13 and 15 is not [[rape]], but a lesser offence; on 1 December 2010 this was given the specific name of "having intercourse with an older child". (A person between 13 and 15). Recently, this has caused a debate with family advocates and the Scottish government.<ref>{{cite news| url= https://euwire.news.blog/2022/02/21/government-accused-of-effectively-lowering-age-of-consent-to-13/ | location=London | work=EU Wire | title=Government accused of 'effectively' lowering age of consent to 13 | date=21 January 2022}}</ref>

However, consensual sex with a girl aged between 13 and 16 is not [[rape]], but a lesser offence; on 1 December 2010 this was given the specific name of "having intercourse with an older child". Aged between 13 and 16 excludes 16. Recently, this has caused a debate with family advocates and the Scottish government.<ref>{{cite news| url= https://euwire.news.blog/2022/02/21/government-accused-of-effectively-lowering-age-of-consent-to-13/ | location=London | work=EU Wire | title=Government accused of 'effectively' lowering age of consent to 13 | date=21 January 2022}}</ref>



====History====

====History====

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===Jersey===

===Jersey===

The age of consent in the Bailiwick of [[Jersey]], a Crown Dependency, is '''16'''.<ref>{{cite web |url=https://www.jerseylaw.je/laws/current/Pages/08.860.aspx |title=Sexual Offences (Jersey) Law 2018 |website=[[Jersey Legal Information Board]]|date=27 February 2024 |access-date=16 April 2024}}</ref>{{As of?|date=April 2024}}

The age of consent in the Bailiwick of [[Jersey]], a Crown Dependency, is '''16''', last amended in 2007.<ref>{{cite web |url=http://www.jerseylegalinfo.je/Law/Display.aspx?url=LawsInForce%2fhtm%2flawfiles%2f2007%2fL-02-2007.htm |title=Sexual Offences (Jersey) Law 2007 |publisher=Jerseylegalinfo.je |date=19 January 2007 |access-date=11 April 2012 |url-status=dead |archive-url=https://web.archive.org/web/20070525205343/http://www.jerseylegalinfo.je/Law/Display.aspx?url=LawsInForce%2Fhtm%2Flawfiles%2F2007%2FL-02-2007.htm |archive-date=25 May 2007}}</ref>



====History====

====History====

Prior to 1990, sodomy was illegal<ref>{{cite web |url=https://www.jerseylaw.je/laws/superseded/Pages/2004/08.500.aspx |title=Loi (1938) modifiant le droit criminel (sodomie et bestialité) |website=[[Jersey Legal Information Board]] |access-date=11 April 2012}}</ref> in Jersey for both men and women until 1990 although the age of consent for homosexual acts other than sodomy was the same as for heterosexual acts. In 1990, the age of consent for sodomy between consenting males was set at 21 (the UK at that time maintained the age of consent of 21 for all homosexual acts between males).<ref>{{cite web |url=https://www.jerseylaw.je/laws/enacted/Pages/L-15-1990.aspx |title=SEXUAL OFFENCES (JERSEY) LAW 1990|website=[[Jersey Legal Information Board]] |date=5 May 2006 |access-date=11 April 2012}}</ref> In 1995, the sodomy age of consent became 18 (under the Sexual Offences (Jersey) Law 1995). In 2007, the age of consent was lowered to 16, became gender-neutral for all sexual conduct (including sodomy); regardless of [[sexual orientation]] or [[gender]].<ref>{{cite web |url=https://www.jerseylaw.je/laws/enacted/Pages/L-02-2007.aspx |title=SEXUAL OFFENCES (JERSEY) LAW 2007 |website=[[Jersey Legal Information Board]] |date=19 January 2007 |access-date=17 May 2014}}</ref>

Prior to 1990, sodomy was illegal<ref>{{cite web |url=http://www.jerseylegalinfo.je/law/display.aspx?url=lawsinforce%2fconsolidated%2f08%2f08.500_SodomieLoi1938_RevisedEdition_31August2004.htm |title=Loi (1938) modifiant le droit criminel (sodomie et bestialité) |publisher=Jerseylegalinfo.je |access-date=11 April 2012 |archive-url=https://web.archive.org/web/20080121090229/http://www.jerseylegalinfo.je/law/display.aspx?url=lawsinforce%2Fconsolidated%2F08%2F08.500_SodomieLoi1938_RevisedEdition_31August2004.htm |archive-date=21 January 2008 |url-status=dead}}</ref> in Jersey for both men and women until 1990 although the age of consent for homosexual acts other than sodomy was the same as for heterosexual acts. In 1990, the age of consent for sodomy between consenting males was set at 21 (the UK at that time maintained the age of consent of 21 for all homosexual acts between males).<ref>{{cite web |url=http://www.jerseylegalinfo.je/Law/display.aspx?URL=lawsinforce%5chtm%5cLawFiles%5c1990%2fJersey_Law_15-1990.htm |title=Jersey Law &#124; SEXUAL OFFENCES (JERSEY) LAW 1990 |publisher=Jerseylegalinfo.je |date=5 May 2006 |access-date=11 April 2012 |archive-url=https://web.archive.org/web/20080310235210/http://www.jerseylegalinfo.je/Law/display.aspx?URL=lawsinforce%5Chtm%5CLawFiles%5C1990%2FJersey_Law_15-1990.htm |archive-date=10 March 2008 |url-status=dead}}</ref> In 1995, the sodomy age of consent became 18 (under the Sexual Offences (Jersey) Law 1995). In 2007, the age of consent was lowered to 16, became gender-neutral for all sexual conduct (including sodomy); regardless of [[sexual orientation]] or [[gender]].<ref>{{cite web |url=http://www.jerseylegalinfo.je/Law/Display.aspx?url=LawsInForce%2fhtm%2flawfiles%2f2007%2fL-02-2007.htm |title=Jersey Law &#124; SEXUAL OFFENCES (JERSEY) LAW 2007 |publisher=Jerseylegalinfo.je |date=19 January 2007 |access-date=17 May 2014 |url-status=dead |archive-url=https://web.archive.org/web/20070525205343/http://www.jerseylegalinfo.je/Law/Display.aspx?url=LawsInForce%2Fhtm%2Flawfiles%2F2007%2FL-02-2007.htm |archive-date=25 May 2007}}</ref>



==Vatican City==

==Vatican City==

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